I129 Petition For A Nonimmigrant Worker by cutiepie1336

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									                                                                                                            OMB No. 1615-0009; Expires 07/31/2010

Department of Homeland Security                                                                Instructions for Form I-129,
U.S. Citizenship and Immigration Services                                            Petition for a Nonimmigrant Worker
NOTE: You may file Form I-129 electronically. Go to our Internet website at www.uscis.gov and follow the detailed instructions on e-filing.
                                                                Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet and
indicate the number of the item to which the answer refers.

                                                                             NOTE: A petition is not required for an E-1 or E-2
 What Is the Purpose of This Form?                                           nonimmigrant visa or admission as a TN nonimmigrant from
                                                                             Canada or Mexico. A petition is also not required for an
This form is used by an employer to petition U.S. Citizenship                H-1B1 Free Trade Nonimmigrant from Chile or Singapore.
and Immigration Services (USCIS) for an alien to come as a                   These persons may apply directly to a U.S. Embassy or
nonimmigrant to the United States temporarily to perform                     consulate abroad.
services or labor or to receive training as an:
                                                                             A petition is required only to apply for a change or extension
1.   H-1B, specialty occupation; an alien coming to perform                  of stay in such status.
     services of an exceptional nature relating to a project
                                                                             NOTE: Form I-129 consists of a basic petition, individual
     administered by the U.S. Department of Defense; a
                                                                             supplements relating to specific classifications, and for H-1B
     fashion model who has national and international
                                                                             petitions, the H-1B Data Collection and Filing Fee Exemption
     acclaim; an alien coming in accordance with a trade
                                                                             Supplement with its particular instructions (formerly issued
     agreement with Chile or Singapore.
                                                                             separately as Form I-129W).
2.   H-2A, temporary agricultural worker.
                                                                             The following Table of Contents will help you locate
3.   H-2B, temporary nonagricultural worker.
                                                                             information on the form and each supplement:
4.   H-3, trainee.
                                                                              Table of Contents                                         Page
5.   L-1, intracompany transferee.
6.   O-1, alien of extraordinary ability in arts, science,                    I. Instructions for Form I-129
     education, business, or athletics.                                               General Information                                     1
7.   O-2, accompanying alien who is coming to the United                              1. Petition Always Required                             3
     States to assist in the artistic or athletic performance of an                   H Classifications                                       3
     O-1 artist, or athlete.                                                          H-1B Data Collection                                    4
8.   P-1, internationally recognized athlete/entertainment                            L Classification                                        7
     group.                                                                           O and P Classifications                                 8
9.   P-1S, essential support personnel for a P-1.
                                                                                      Q-1 Classification                                      11
10. P-2, artist or entertainer in reciprocal exchange program.                        R-1 Classification                                      11
11. P-2S, essential support personnel for a P-2.                                      2. Petition Only Required for an Alien in
12. P-3, artist or entertainer coming to the United States to                         the United States to Change Status or
                                                                                      Extend Stay                                             16
    perform, teach, or coach under a program that is
    culturally unique.                                                                E Classification                                        16
                                                                                      Change of Status/Extension of Stay
13. P-3S, essential support personnel for a P-3.
                                                                                      (Includes Free Trade Nonimmigrants
14. Q-1, alien coming temporarily to participate in an                                such as TN and H-1B1s)                                  17
    international cultural exchange program.                                          General Evidence                                        18
15. R-1, religious worker.                                                            When to File?                                           19
This form is used also by an employer to request an extension                         Where to File?                                          19
of stay or change of status for the following nonimmigrants:                          What is the Filing Fee?                                 22
1. E-1, treaty trader.                                                                Processing Information, Penalties, Privacy
2. E-2, treaty investor.                                                              Act Notice, USCIS Information and Forms,
                                                                                      and Paperwork Reduction Act                             22
3. Free Trade Nonimmigrants, H-1B1s and TNs.
                                                                                                             Form I-129 Instructions (Rev. 03/11/09)Y
II. Petition for a Nonimmigrant Worker                              Exception: H-2A and H-2B petitions for workers from
    (Form I-129)                                        1           countries not designated in accordance with paragraphs 8 CFR
                                                                    214.2(h)(5)(i)(F)(1) and (h)(6)(i)(E)(1) should be filed
        E Classification Supplement                     5           separately. See www.uscis.gov website for the list of
        Nonimmigrant Classification Based on                        participating countries.
        a Free Trade Agreement Supplement               7           NOTE: If the employer is seeking notification to multiple
        H Classification Supplement                     8           Ports of Entry or Pre-Flight Inspections (or requesting a
                                                                    change in the Port of Entry or Pre-Flight Inspection requested
        H-1B Data Collection and Filing Fee                         on Form I-129 that has already been approved), the employer
        Exemption Supplement                            13          should file Form I-824, Application for Action on an
                                                                    Approved Application or Petition, with appropriate fee, for
        L Classification Supplement                     16          each additional location that must be notified.
        O and P Classifications Supplement              18          Multiple locations. A petition for alien(s) to perform
        Q-1 and R-1 Classifications Supplement          19          services or labor or receive training in more than one location
                                                                    must include an itinerary with the dates and locations where
        Attachment - 1 (Used when more than                         the services or training will take place.
        one person is included on form)                 25
                                                                    Naming beneficiaries. All aliens in a petition must be
                                                                    named except for an H-2A agricultural worker or an H-2B
Who May File This Form I-129?                                       temporary nonagricultural worker. Exception: You must
                                                                    provide the name, date of birth, country of birth, and country
                                                                    of nationality of all H-2A and H-2B workers when: (1) the
General. A U.S. employer may file this form and applicable
                                                                    petition is filed for a worker who is a national of a country not
supplements to classify an alien in any nonimmigrant
                                                                    designated by the Secretary of Homeland Security as eligible
classification listed in Part 1 and Part 2 of these instructions.
                                                                    to participate in the H-2A or H-2B program, or; (2) the
A foreign employer may file for certain classifications as
                                                                    beneficiary is in the United States. In addition, USCIS may
indicated in the specific instructions.
                                                                    require the petitioner to name H-2B beneficiaries where the
Agents. A U.S. individual or company in business as an              name is needed to establish eligibility for H-2B nonimmigrant
agent may file for types of workers who are traditionally self-     status.
employed or who traditionally use an agent to arrange short-
                                                                    Where some or all of the aliens are not named, specify the
term employment with numerous employers. A petition filed
                                                                    total number of unnamed aliens and total number of aliens in
by an agent must include a complete itinerary of services or
                                                                    the petition.
engagements, including dates, names, and addresses of the
actual employers, and the locations where the services will be
performed. A petition filed by a U.S. agent must guarantee the
wages and other terms and conditions of employment by               General Filing Instructions
contractual agreement with the beneficiary or beneficiaries of
the petition. The agent/employer must also provide an               Complete the basic form and any relating supplement. Answer
itinerary of definite employment and information on any other       all questions by typing or clearly printing in black ink.
services planned for the period of time requested.                  Indicate that an item is not applicable with "N/A." If the
                                                                    answer is none, write "None."
Including more than one alien in a petition. Multiple
aliens who will seek admission in H-2A, H-2B, H-3, P-1, P-2,        If you need extra space to answer any item, attach a sheet(s) of
P-3, O-2, or Q-1 classification may be included on the same         paper with your name and your Alien Registration Number (A
petition provided:                                                  number), if any, and indicate the number of the item to which
                                                                    the answer refers. You must file your petition with the
1. They will all be employed for the same period of time; and       required initial evidence. The petition must be properly signed
                                                                    and filed with the proper fee.
2. They will all perform the same services, receive the same
   training, or participate in the same international cultural      NOTE: Submit the petition and all supporting documentation
   exchange program.                                                in duplicate if you would like the Department of State to be
                                                                    notified of the approval of this petition.

                                                                                            Form I-129 Instructions (Rev. 03/11/09)Y Page 2
                                                                     A. A copy of the person's U.S. baccalaureate or higher
Classification - Initial Evidence                                       degree as required by the specialty occupation;
These instructions are divided into two parts.                       B. A copy of a foreign degree and evidence that it is
                                                                        equivalent to the U.S. degree; or
1. The first part includes classifications requiring a petition
   for an initial visa or entry and any extension of stay or          C. Evidence of education and experience that is
   change of status.                                                     equivalent to the required U.S. degree.
2. The second part includes classifications requiring only a      4. A copy of any required license or other official permission
   petition for a extension of stay or change of status.             to practice the occupation in the State of intended
                                                                     employment; and
1. Petition Always Required                                       5. A copy of any written contract between you and the alien
                                                                     or a summary of the terms of the oral agreement under
The following classifications always require a petition.             which the alien will be employed.
A petition for new or concurrent employment or for an
extension where there is a change in previously approved          An H-1B is also an alien coming to perform services of an
employment must be filed with the initial evidence listed         exceptional nature relating to a cooperative research and
below, and with the initial evidence required by the separate     development project administered by the U.S. Department
instructions for a change of status or extension of stay.         of Defense (DOD).
However, a petition for an extension based on unchanged,          Write H-1B2 in the classification requested block.
previously approved employment should only be filed with the
                                                                  A U.S. employer may file the petition. The petition must be
initial evidence required in the separate extension of stay
                                                                  filed with:
instructions.
                                                                  1. A description of the proposed employment;
H-1B
                                                                  2. Evidence that the services and project meet the above
An H-1B is an alien coming temporarily to perform                    conditions;
services in a specialty occupation.
                                                                  3. A statement listing the names of all aliens who are not
Write H-1B1 in the classification requested block.
                                                                     permanent residents, and who are or have been employed
A specialty occupation is one that requires the theoretical and      on the project within the past year, along with their dates
practical application of a body of highly specialized                of employment; and
knowledge to fully perform the occupation and requires the
attainment of a bachelor's or higher degree in a specific         4. Evidence that the beneficiary holds a baccalaureate or
specialty, or its equivalent, as a minimum for entry into the        higher degree in the field of employment.
occupation in the United States.
                                                                  An H-1B is also a fashion model who has national or
The petition must be filed by the U.S. employer and must be       international acclaim and recognition, coming to be
filed with:                                                       employed in a position requiring such a level of acclaim
1. Evidence that a labor condition application has been filed     and recognition.
   with the U.S. Department of Labor;                             Write H-1B3 in the classification requested block.
2. Evidence showing that the proposed employment qualifies        A U.S. employer or agent or foreign employer may file the
   as a specialty occupation;                                     petition.
3. Evidence showing that the alien has the required degree by
   submitting either:                                             On October 21, 1998, Congress enacted the American
                                                                  Competitiveness and Workforce Improvement Act (ACWIA),
                                                                  Public Law 105-277, that modified the H-1B nonimmigrant
                                                                  program. On December 8, 2004, Congress enacted the H-1B
                                                                  Visa Reform Act of 2004.



                                                                                         Form I-129 Instructions (Rev. 03/11/09)Y Page 3
Because of these two Acts, an H-1B or H-1B1 Free Trade             NOTE: As of February 17, 2009, U.S. employers who
Nonimmigrant petitioner must complete the H-1B supplement          received funding under the Troubled Assets Relief Program
form, which is part of this petition. The supplement is used to    (TARP), as described in the Employ American Workers Act
collect additional information about the H-1B nonimmigrant         (sec. 1611 of Div. A, Title XVI of Public Law 111-5) and
worker and the H-1B petitioner (U.S. employer). It will also       seek to hire an H-1B nonimmigrant must comply with the
be used to determine whether the H-1B or H-1B1 Free Trade          H-1B Dependent Employer provisions. The H-1B Dependent
Nonimmigrant petitioner is exempt from the additional              Employer provisions apply regardless whether such U.S.
ACWIA filing fee and, if not exempt, the appropriate fee.          employers are seeking exempt H-1B nonimmigrants.
(The supplement was formerly issued separately as Form
I-129W.)                                                           2. Willful Violators. A willful violator is an employer
The H-1B Visa Reform Act of 2004 also imposed an                      whom the U.S. Secretary of Labor has found, after notice
additional fee of $500 for certain H or L petitions. On or after      and opportunity for a hearing, to have willfully failed to
March 8, 2005, a U.S. employer seeking initial approval of            meet a condition of the labor condition application
H-1B or L nonimmigrant status for a beneficiary, or seeking           described in section 212(n) of the Immigration and
approval to employ an H-1B or L nonimmigrant currently                Nationality Act.
working for another U.S. employer, must submit this                3. Exempt H-1B nonimmigrant. An "exempt H-1B
additional $500 fee. There are no exemptions from this fee.           nonimmigrant" means an H-1B who:
This form will serve as the vehicle for collection of the $500
fee.                                                                  A. Receives wages (including cash bonuses and similar
                                                                         compensation) at an annual rate equal to at least
H-1B and H-1B1 Data Collection                                           $60,000; or
and Filing Fee Exemption
                                                                      B. Has attained a master's degree or higher (or its
Who is required to file? A U.S. employer seeking to                      equivalent) in a specialty related to the intended
classify an alien as an H-1B or H-1B1 Free Trade                         employment.
Nonimmigrant worker must file this supplement concurrently
with Form I-129 and the appropriate fee. (See "What is the         4. TARP funding. TARP funding refers to receipt of
Filing Fee?" for additional information regarding the                  funds described in the Employ American Workers
appropriate fee.)
                                                                       Act (sec. 1611 of Div. A, Title XV1 of Public Law
Completing Part A of the Supplement Form                               111-5).
All U.S. employers seeking to classify an alien as an H-1B or      5. Highest education level. Place an "X" in the
H-1B1 Free Trade Nonimmigrant worker must complete Part               appropriate box of Part A, Number 3 ("a" through "i") of
A of the supplement form. An employer must answer all of              the supplement form that is most closely related to the
the questions in the "Employer Information" Section.                  highest formal education level attained by the beneficiary.
                                                                      DO NOT consider work experience in determining the
1. H-1B Dependent employer. An "H-1B dependent                        beneficiary's equivalency.
   employer" means an employer that:

    A. Has 25 or fewer full-time-equivalent employees who          6. Major/primary field of study. Use the beneficiary's
       are employed in the United States and employs more             degree transcripts to determine the primary field of
       than seven H-1B nonimmigrants;                                 study. Once the beneficiary's major is determined, fill in
                                                                      the boxes with one character per box; 30 characters
    B. Has at least 26 but not more than 50 full-time-                maximum. Do not consider work experience to determine
       equivalent employees who are employed in the                   the beneficiary's major education level.
       United States and employs more than 12 H-1B
       nonimmigrants; or                                           7. Master's or higher degree from a U.S. institution
                                                                      of higher education. Indicate whether or not the
    C. Has at least 51 full-time equivalent employees who             beneficiary has earned a master's or higher degree from a
       are employed in the United States and employs H-1B             U.S. institution of higher education, as defined in
       nonimmigrant in a number that is equal to at least 15          20 U.S.C. section 1001(a).
       percent of the number of such full-time-equivalent
       employees.


                                                                                         Form I-129 Instructions (Rev. 03/11/09)Y Page 4
8.   Rate of pay per year. The ''rate of pay'' is the salary or    2. The employer is a nonprofit organization or entity related
     wages paid to the beneficiary. Salary or wages must be           to, or affiliated with, an institution of higher education.
     expressed in an annual full-time amount and do not               Institutions of higher education are defined in the Higher
     include non-cash compensation or benefits. For example,          Education Act of 1965, section 101(a), 20 U.S.C., section
     an H-1B worker is to be paid $6,500 per month for a              1001(a). Such a nonprofit organization or entity includes,
     four-month period including a health benefits package            but is not limited to, hospitals and medical research
     and transportation. The yearly rate of pay if he or she          institutions.
     were working for a full year would be 12 times the
                                                                       "Related to" or "affiliated with" means the entity is:
     monthly rate, or $78,000. This amount does not include
     health benefits or transportation costs. The figure               A. Connected or associated with the institution of higher
     $78,000 should be entered on this form as the rate of pay.           education through shared ownership or control by a
                                                                          board or federation operated by the institution of
9.   LCA Code. The LCA Code is a three-digit occupational                 higher education; or
     group for professional, technical, and managerial
     occupations and fashion models that can be obtained from          B. Attached to the institution of higher education as a
     Appendix 2 of the Dictionary of Occupational Titles                  member, branch, cooperative, or subsidiary.
     printed on U.S. Department of Labor ETA Form 9035,
                                                                   3. The employer is a nonprofit research organization or
     Labor Condition Application for H-1B Nonimmigrant.
                                                                      governmental research organization that is primarily
                                                                      engaged in basic research and/or applied research.
10. NAICS Code. The North American Industry
                                                                      "Nonprofit organization or entity" means the organization
    Classification System (NAICS) code can be obtained
                                                                      or entity is:
    from the U.S. Department of Commerce, Census Bureau
    (www. census.gov/epcd/www/naics.htm). Enter the                    A. Defined as a tax-exempt organization under the
    code from left to right, one digit in each of the six boxes.          Internal Revenue Code of 1986, sections 501(c)(3),
    If you use a code with fewer than six digits, enter the               (c)(4), or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)
    code left to right and then add zeros in the remaining                (6); and
    unoccupied boxes.
                                                                       B. Has been approved as a tax-exempt organization for
     For example, the code sequences 33466 would be entered               research or educational purposes by the
     as:                                                                  Internal Revenue Service; or
              3   3    4   6    6    0                                 C. A Government research organization is a U.S.
     The code sequences 5133 would be entered as:                         Federal Government entity whose primary mission is
                                                                          the performance or promotion of basic research and/
              5   1    3   3    0    0                                    or applied research.

                                                                   4. This petition is the second or subsequent request for an
Completing Part B of the Supplemental Form                            extension of stay filed by the employer regardless of when
A U.S. employer seeking an exemption from the $1,500 or               the first extension of stay was filed or whether the $1,500
$750 filing fee must complete Part B. A U.S. employer is              or $750 filing fee was paid on the initial petition or the
exempt from payment of the additional $1,500 or $750 filing           first extension of stay; or
fee if:
                                                                   5. This petition is an amended petition that does not contain
1. The employer is an institution of higher education as              any requests for extension of stay filed by the employer; or
   defined in the Higher Education Act of 1965, section 101
   (a), 20 U.S.C. section 1001(a); or                              6. This petition is to correct a USCIS error; or

                                                                   7. The employer is a primary or secondary education
                                                                      institute; or
                                                                   8. The employer is a nonprofit entity which engages in an
                                                                      established curriculum-related clinical training or students
                                                                      register at the institution.




                                                                                           Form I-129 Instructions (Rev. 03/11/09)Y Page 5
What Evidence Is Required Under Part B?                               NOTE: Employers filing H-2B petitions for employment to
                                                                      commence on or after October 1, 2005, must submit an
U.S. employers claiming exemption from payment of the                 additional fee of $150. The Save Our Small and Seasonal
$1,500 or $750 filing fee on the basis of status as (a) a             Businesses Act of 2005 authorized this $150 Fraud Prevention
nonprofit organization or entity related to, or affiliated with, an   and Detection Fee.
institution of higher education, or (b) as a nonprofit research
organization must submit evidence of tax-exempt status under
                                                                      H-3 (Two types)
the Internal Revenue Code of 1986, section 501(c)(3), (c)(4),
or (c)(6); or 26 U.S.C. 501(c)(3), (c)(4), or (c)(6); or              An H-3 is an alien coming temporarily to participate in a
                                                                      special education training program in the education of
All other U.S. employers claiming exemption from payment of           children with physical, mental, or emotional disabilities.
the $1,500 or $750 filing fee must submit a statement
describing why the organization or entity is exempt.                  Write H-3 in the classification block on the petition.
                                                                      Custodial care of the children must be incidental to the
Completing Part C of the Supplemental Form                            training program. The petition must be filed by the U.S.
All U.S. employers must complete Part C even if they are not          employer with:
claiming the fee exemption in Part B.
                                                                      1. A description of the training, staff, and facilities; evidence
                                                                         that the program meets the above conditions; and details of
H-2A
                                                                         the alien's participation in the program; and
An H-2A is an alien coming temporarily to engage in
temporary or seasonal agricultural employment.                        2. Evidence showing that the alien is nearing completion of a
                                                                         baccalaureate degree in special education, or already holds
Write H-2A in the classification block on the petition.                  such a degree, or has extensive prior training and
The petition must be filed by a U.S. employer or an                      experience in teaching children with physical, mental, or
association of U.S. agricultural producers named as a joint              emotional disabilities.
employer on the certification. The petition must be submitted
with:                                                                 An H-3 is also an alien coming temporarily to receive
                                                                      training from an employer in any field other than graduate
1.   A single, valid temporary labor certification; and               education or training.
2. Copies of evidence showing that each named alien met the           Write H-3 in the classification block on the petition.
   minimum job requirements stated in the certification at
   time the application was filed.                                    The petition must be filed by the U.S. employer with:

                                                                      1. A detailed description of the structured training program,
H-2B                                                                     including the number of classroom hours per week and the
An H-2B is an alien coming temporarily to engage in non-                 number of hours of on-the-job training per week;
agricultural employment that is seasonal, intermittent,
peak load, or a one-time need.                                        2. A summary of the prior training and experience of each
                                                                         alien in the petition; and
Write H-2B in the classification block on the petition.
                                                                      3. An explanation stating why the training is required,
The petition must be filed by a U.S. employer with:                      whether similar training is available in the alien's country,
1. A temporary labor certification from the U.S. Department              how the training will benefit the alien in pursuing a career
   of Labor, or the Governor of Guam if the proposed                     abroad, and why the petitioner will incur the cost of
   employment is solely in Guam, stating that qualified U.S.             providing the training without significant productive labor.
   workers are not available and that employment of the alien
   will not adversely affect the wages and working conditions
   of similarly employed U.S. workers; and

2. Copies of evidence, such as employment letters and
   training certificates, showing that each named alien met
   the minimum job requirements stated in the certification at
   the time the application was filed.


                                                                                              Form I-129 Instructions (Rev. 03/11/09)Y Page 6
L-1A                                                               If the alien is coming to the United States to open a new
                                                                   office, also file the petition with copies of evidence showing
Write L-1A in the classification requested block on the
                                                                   that the business entity is located in the United States; and
petition.
An L-1A is an alien coming temporarily to perform                  1. Already has sufficient premises to house the new office;
services in a managerial or executive capacity for the same        2. Has or upon establishment will have the qualifying
corporation or firm, or for the branch, subsidiary, or affiliate      relationship to the foreign employer; and
of the employer who employed him or her abroad for one
continuous year within the three-year period (six months           3. Has the financial ability to remunerate the alien and to
within the previous three years if the employer is eligible and       begin doing business in the United States, including
has filed for a blanket L-1 approval and meets the                    evidence about the size of the U.S. investment, the
requirements for expedited processing), immediately                   organizational structure of both firms, the financial size
preceding the filing of the petition, in an executive,                and condition of the foreign employer, and, if the alien is
managerial, or specialized knowledge capacity.                        coming as an L-1 manager or executive to open a new
                                                                      office, such evidence must establish that the intended U.S.
L-1B                                                                  operation will support the executive or managerial position
Write L-1B in the classification requested block on the               within one year.
petition.
                                                                   Blanket L Petition
An L-1B is an alien coming temporarily to perform
services that entail specialized knowledge for the same            An L blanket petition simplifies the process of later filing for
corporation or firm, or for the branch, subsidiary, or affiliate   individual L-1A workers and L-1B workers who are
of the employer that employed him or her abroad for one            specialized knowledge professionals employed in positions
continuous year within the three-year period (six months           that require the theoretical and practical application of a body
within the previous three years if the employer is eligible and    of highly specialized knowledge to fully perform the
has filed for a blanket L-1 approval and meets the                 occupation and also requiring completion of a specific course
requirements for expedited processing), immediately                of education, culminating in a baccalaureate degree in a
preceding the filing of the petition, in an executive,             specific occupational specialty.
managerial, or specialized knowledge capacity. Specialized
knowledge is special knowledge of the employer's product or        A blanket L petition must be filed by a U.S. employer who
its application in international markets or an advanced level of   will be the single representative between USCIS and the
the knowledge of the employer's processes and procedures.          qualifying organizations.

L Petition Requirements                                            Write LZ in the classification requested block. Do not name
                                                                   an individual employee. File the petition with copies of
A U.S. employer or foreign employer must file the petition,        evidence showing that:
but a foreign employer must have a legal business entity in the
United States. The petition must be submitted with:                1. You and your branches, subsidiaries, and affiliates are
                                                                      engaged in commercial trade or services;
1. Evidence of the qualifying relationship between the U.S.
   and foreign employer based on ownership and control,            2. You have an office in the United States that has been
   such as an annual report, articles of incorporation,               doing business for one year or more;
   financial statements, or copies of stock certificates;
                                                                   3. You have three or more domestic and foreign branches,
2. A letter from the alien's foreign qualifying employer              subsidiaries, or affiliates; and
   detailing his or her dates of employment, job duties,
   qualifications, and salary; and                                 4. You and your qualifying organizations have obtained
                                                                      approved petitions for at least 10 ''L'' managers,
3. A description of the proposed job duties and qualifications,       executives, or specialized knowledge professionals during
   and evidence showing that the proposed employment is in            the previous 12 months or have U.S. subsidiaries or
   an executive, managerial, or specialized knowledge                 affiliates with combined annual sales of at least $25
   capacity.                                                          million; or




                                                                                           Form I-129 Instructions (Rev. 03/11/09)Y Page 7
5. You have a U.S. workforce of at least 1,000 employees.           4. Evidence of the alien's extraordinary ability, such as
                                                                       receipt of major awards or prizes, major published material
After approval of a blanket petition, you may file for                 by the alien or relating to the alien's work, evidence of the
individual employees to enter as an L-1A alien or L-1B                 alien's contributions to the field, evidence of the alien's
specialized knowledge professional under the blanket petition.         original scholarly work or contributions to the field,
If the alien is outside the United States, file Form I-129S,           evidence of the alien's high salary within the field,
Nonimmigrant Petition Based on Blanket L Petition. If the              evidence that the alien participated on a panel that judges
alien is already in the United States, file Form I-129 to request      the work of others in the field, or evidence of the alien's
a change of status based on this blanket petition. The petition        prior employment in one or more critical capacities.
must be submitted with:
                                                                    NOTE: If the preceding forms of evidence do not readily
1. A copy of the USCIS approval notice for the blanket              apply to the alien's field of endeavor, you may submit other
   petition;                                                        comparable evidence.
2. A letter from the alien's foreign qualifying employer            O-1B
   detailing his or her dates of employment, job duties,
   qualifications, and salary for the three previous years; and     An O-1B is an alien coming temporarily who has
                                                                    extraordinary ability in the arts or extraordinary
3. If the alien is a specialized knowledge professional, a          achievement in the motion picture or television industry.
   copy of a U.S. degree or a foreign degree equivalent to a
   U.S. degree.                                                     Write O-1B in the classification block on the petition. The
                                                                    petition must be submitted with:
O-1A
                                                                    1. A written consultation from a peer group or a person of
An O-1A is an alien coming temporarily who has                         your (the employer's) choosing with expertise in the alien's
extraordinary ability in the sciences, education, business,            area of ability (see General Evidence). If the petition is
or athletics (not including the arts, motion picture, or               based on the alien's extraordinary achievement in the
television industry).                                                  motion picture or television industry, separate
                                                                       consultations are required from the relevant labor and
Write O-1A in the classification block on the petition. The            management organizations;
petition must be submitted with:
                                                                    2. A copy of any written contract between you (the
1. A written consultation from a peer group or labor                   employer) and the alien or a summary of the terms of the
   management organization with expertise in the field.                oral agreement under which the alien will be employed;
    If the above item cannot be obtained, the consultation can
                                                                    3. Evidence that the alien has received or been nominated for
    be from a person of your (the employer's) choosing with
                                                                       significant national or international awards or prizes in the
    expertise in the alien's area of ability (see General
                                                                       field, such as an Academy Award, Emmy, Grammy, or
    Evidence);
                                                                       Director's Guild Award, or at least three of the following:
2. A copy of any written contract between you (the employer)
   and the alien or a summary of the terms of the oral                  A. Evidence that the alien has performed or will perform
   agreement under which the alien will be employed;                       as a lead or starring participant in productions or
                                                                           events that have a distinguished reputation;
3. An explanation of the nature of the events or activities, the
   beginning and ending dates for the events or activities, and         B. Evidence that the alien has achieved national or
   a copy of any itinerary for the events and activities; and              international recognition for achievements in the field;

                                                                        C. Evidence that the alien has a record of major
                                                                           commercial or critically acclaimed successes, as
                                                                           evidenced by ratings, box office receipts, etc.;




                                                                                           Form I-129 Instructions (Rev. 03/11/09)Y Page 8
    D. Evidence that the alien has received significant           P-1A
       recognition from organizations, critics, government
       agencies, or other recognized experts;                     A P-1A is an alien coming temporarily to perform at a
                                                                  specific athletic competition as an individual or as part of
    E. Evidence that the alien commands or will command a         a group or team participating at an internationally
       high salary or other remuneration for services in          recognized level of performance.
       relation to others in the field; or
                                                                  Write P-1A in the classification block on the petition. The
    F. Evidence that the alien has performed in a lead or         petition must be submitted with:
       starring role for organizations that have a
       distinguished reputation.                                  1. A written consultation (see General Evidence) with an
                                                                     appropriate labor organization;
NOTE: If the preceding forms of evidence do not readily           2. A copy of the contract with a major U.S. sports league or
apply to the alien's field of endeavor, you may submit other         team or a contract in an individual sport commensurate
comparable evidence.                                                 with national or international recognition in the sport, if
                                                                     such contracts are normally utilized in the sport; and
O-2
                                                                  3. Evidence of at least two of the following:
An O-2 is an alien coming temporarily solely as an
essential and integral part of the artistic or athletic               A. Substantial participation in a prior season with a
performance of an O-1 artist or athlete because he or she                major U.S. sports league;
performs support services that are essential to the
successful performance of the O-1. No test of the U.S.                B. Participation in international competition with a
labor market is required.                                                national team;

Write O-2 in the classification block on the petition.                C. Substantial participation in a prior season for a U.S.
                                                                         college or university in intercollegiate competition;
This form must be filed in conjunction with an O-1 petition
and submitted with:                                                   D. A written statement from an official of a major U.S.
                                                                         sports league or official of the governing body for a
1. A written consultation (see General Evidence);                        sport that details how the alien or team is
                                                                         internationally recognized;
    A. If it is for support of an athlete or an alien with
       extraordinary ability in the arts, the consultation must       E. That the individual or team is ranked, if the sport has
       be from an appropriate labor organization; or                     international rankings; or

      B. If it is for support of an alien with extraordinary          F. That the alien or team has received a significant
         achievement in motion pictures or television, the               honor or award in the sport.
         consultation must be from an appropriate labor
         organization and management organization.                P-1B
2. Evidence of the current essentiality, skills, and experience   A P-1B is an alien entertainer coming temporarily to
   of the O-2 with the O-1. In the case of a specific motion      perform as a member of a foreign-based entertainment
   picture or television production, the evidence must            group that has been recognized internationally as
   establish that significant production has taken place          outstanding in the discipline for a substantial period of
   outside the United States and that the continuing              time, and who has had a sustained relationship (ordinarily
   participation of the alien is essential to the successful      for at least one year) with the group.
   completion of the production.
                                                                  Write P-1B in the classification block on the petition. The
                                                                  petition must be submitted with:

                                                                  1. A written consultation (see General Evidence) from an
                                                                     appropriate labor organization;




                                                                                         Form I-129 Instructions (Rev. 03/11/09)Y Page 9
2. Evidence that the alien or group is internationally            Write P-2 in the classification block on the petition.
   recognized in the discipline as demonstrated by the
   submission of evidence of the group's receipt or               The petition must be filed by the sponsoring organization or
   nomination for significant international awards or prizes      U.S. employer with:
   for outstanding achievement, or evidence of at least three     1. A written consultation (see General Evidence) from an
   of the following:                                                 appropriate labor organization;
      A. The alien or group has performed or will perform as a    2. A copy of the reciprocal exchange program;
         starring or leading group in productions or events
         with a distinguished reputation;                         3. A statement from the sponsoring organization describing
                                                                     the reciprocal agreement as it relates to the petition;
      B. The alien or group has achieved international
         recognition and acclaim for outstanding achievement      4.    Evidence that the alien and the U.S. artist or group have
         in the field;                                                  comparable skills and that the terms of employment are
                                                                        similar; and
      C. The alien or group has a record of major commercial
         or critically acclaimed success;                         5.    Evidence that an appropriate labor organization in the
                                                                        United States was involved in negotiating or concurred
      D. The alien or group has received significant                    with the exchange.
         recognition for achievements from critics,
         organizations, government agencies, or other             P-3
         recognized experts in the field; or
                                                                  A P-3 is an alien coming temporarily to perform, teach, or
      E. The alien or group commands a high salary or other       coach, individually or as part of a group, in the arts or
         substantial remuneration for services compared to        entertainment fields in a program that is culturally
         other similarly situated in the field.                   unique.
                                                                  Write P-3 in the classification block on the petition. The
NOTE:
                                                                  petition must be submitted with:
1. By filing for a P-1 group, the petitioner certifies that the
                                                                  1. A written consultation (see General Evidence) from an
   group has been established and performing regularly for a
                                                                     appropriate labor organization;
   period of at least one year, and that at least 75 percent of
   the members of the group have been performing with the         2. Evidence that all performances will be culturally unique;
   group for at least one year. This one-year period                 and either
   requirement does not apply to circus groups coming to
   perform with nationally recognized circuses.                         A. Affidavits, testimonials, or letters from recognized
                                                                           experts attesting to the authenticity of the alien's or
2. Use the "Supplementary Information" form to request a                   group's skills in presenting, coaching, or teaching art
   waiver of:                                                              forms; or
                                                                        B. Documentation that the performance of the alien or
      A. The one-year relationship requirement and the
                                                                           group is culturally unique as evidenced by actual
         international recognition requirement based on
                                                                           reviews in newspapers, journals, or other published
         emergent circumstances; or
                                                                           material.
      B. The international recognition requirement because the
         group has been recognized nationally as outstanding
         in its discipline for a substantial period of time.

P-2
A P-2 is an alien coming temporarily to perform as an
artist or entertainer, individually or as part of a group,
under a reciprocal exchange program between an
organization in the United States and an organization in
another country.



                                                                                          Form I-129 Instructions (Rev. 03/11/09)Y Page 10
Essential Support Personnel                                          Write Q-1 in the classification block on the petition.

Accompanying support personnel are highly skilled aliens             The petition must be submitted with evidence showing that the
coming temporarily as an essential and integral part of the          employer:
competition or performance of a principal P-1, P-2, or P-3, or       1. Maintains an established international cultural exchange
because they perform support services that are essential to the         program;
successful performance or services of the principal P-1, P-2, or
P-3. The accompanying personnel must have prior experience           2. Has designated a qualified employee to administer the
or critical skills with the principal P-1, P-2, or P-3. The             program and serve as liaison with USCIS;
petition must be filed in conjunction with a principal P-1, P-2,
or P-3 petition.                                                     3. Is actively doing business in the United States;
                                                                     4. Will offer the alien wages and working conditions
Write P-1S, P-2S, or P-3S as appropriate in the classification          comparable to those accorded local domestic workers
block on the petition.                                                  similarly employed; and
The petition must be submitted with:                                 5. Has the financial ability to remunerate the participant(s).

1. A written consultation (see General Evidence) from an             To illustrate an established international cultural exchange
   appropriate labor organization;                                   program, submit program documentation, such as catalogs,
2. A statement describing the alien's critical skills and prior      brochures, or other types of material.
   experience with the principal P-1, P-2, or P-3;
                                                                     To demonstrate financial ability to remunerate the
3. Statements or affidavits from persons with first-hand             participant(s), submit your organization's most recent annual
   knowledge that the alien has had substantial experience           report, business income tax return, or other form of certified
   performing the critical skills and essential support services     accountant's report.
   for the principal P-1, P-2, or P-3;
                                                                     However, if the proposed dates of employment are within 15
4. A copy of any written contract between the employer and           months of the approval of a prior Q-1 petition filed by you for
   the alien or a summary of the terms of the oral agreement         the same international cultural exchange program, and that
   under which the alien will be employed.                           earlier petition was filed with the above evidence of the
                                                                     program, you may submit a copy of the approval notice for
Q-1                                                                  that prior petition in lieu of the evidence about the program
                                                                     required above.
A Q-1 is an alien coming temporarily to participate in an
international cultural exchange program for sharing the
attitude, customs, history, heritage, philosophy, and/or
                                                                     R-1
traditions of the alien's country of nationality.                    An R-1 is an alien who is coming temporarily to perform
                                                                     services as a religious worker.
The culture sharing must take place in a school, museum,
business, or other establishment where the public, or a              Basic Requirements: A U.S. employer must file the petition.
segment of the public sharing a common cultural interest, is         The employer must:
exposed to aspects of a foreign culture as part of a structured      1.    Complete Form I-129, Petition for a Nonimmigrant
program.                                                                   Worker, Parts 1 through 6 as applicable, making sure to
The work component of the program may not be independent                   write R-1 in the Requested Nonimmigrant Classification
of the cultural component, but must serve as the vehicle to                box in response to question 1 under Part 2;
achieve the objectives of the cultural component. An employer
                                                                     2.    Complete the Q-1 and R-1 Classifications Supplement to
(U.S. or foreign firm, corporation, nonprofit organization, or
                                                                           Form I-129;
other legal entity) or its designated agent may file the petition.
If a designated agent is filing the petition, that agent must be     3.    Complete the Form I-129 R-1 Employer Attestation;
employed by the qualified employer on a permanent basis in
an executive or managerial capacity and must be either a U.S.        4.    Complete, if applicable, Form I-129 Religious
citizen or lawful permanent resident.                                      Denomination Certification;




                                                                                            Form I-129 Instructions (Rev. 03/11/09)Y Page 11
5. Submit evidence demonstrating that the employer and            4.   Denominational Membership means membership during
   alien meet certain requirements; and                                at least the two year period immediately preceding the
                                                                       filing date of the petition, in the same type of religious
6. Submit Form I-129 to USCIS with the applicable
                                                                       denomination as the petitioning U.S. religious
   supplements and evidence at the same time.
                                                                       organization where the alien will work.
Definitions                                                       5.   Minister means an individual who:
There are definitions that apply specifically to R-1 petitions.        A. Is fully authorized by a religious denomination, and
Detailed explanations of the definitions may be found at                  fully trained according to the denomination's
8 CFR 214.2(r).                                                           standards, to conduct religious worship and perform
                                                                          other duties usually performed by authorized
1.   Bona Fide Nonprofit Religious Organization in the
                                                                          members of the clergy of that denomination;
     United States means an organization exempt from
     taxation as described in section 501(c)(3) of the Internal        B. Is not a lay preacher or a person not authorized to
     Revenue Code of 1986, subsequent amendment or                        perform duties usually performed by clergy;
     equivalent sections of prior enactments of the Internal
     Revenue Code. The organization must have a currently              C. Performs activities with a rational relationship to the
     valid determination letter from the Internal Revenue                 religious calling of the minister; and
     Service confirming the tax exemption. Tax-exempt                  D. Works solely as a minister in the United States which
     organization is defined below.                                       may include administrative duties incidental to the
                                                                          duties of a minister.
2.   Bona Fide Organization That Is Affiliated with the
     Religious Denomination means an organization that is         6. Religious Occupation means an occupation which meets
     closely associated with a religious denomination.               all of the following requirements:
     Religious denomination is defined below. The affiliated
                                                                       A. The duties must primarily relate to a traditional
     organization must be exempt from taxation as described
                                                                          religious function and be recognized as a religious
     in section 501(c)(3) of the Internal Revenue Code of
                                                                          occupation within the denomination;
     1986, subsequent amendment or equivalent sections of
     prior enactments of the Internal Revenue Code. The                B. The duties must be primarily related to, and must
     organization must have a currently valid determination               clearly involve, inculcating or carrying out the
     letter from the Internal Revenue Service confirming the              religious creed and beliefs of the denomination;
     tax exemption. Tax-exempt organization is defined
     below.                                                            C. The duties do not include positions which are
3.   Religious Denomination means a religious group or                    primarily administrative or support such as janitors,
     community of believers that is governed or administered              maintenance workers, clerical employees, fund
     under a common type of ecclesiastical government with:               raisers, persons solely involved in the solicitation of
                                                                          donations, or similar positions, although limited
     A. A recognized common creed or statement of faith                   administrative duties that are only incidental to
        shared among the denomination's members;                          religious functions are permissible; and

     B. A common form of worship;                                      D. Religious study or training for religious work does
     C. A common formal code of doctrine and discipline;                  not constitute a religious occupation, but a religious
                                                                          worker may pursue study or training incident to
     D. Common religious services, and ceremonies;                        status.
     E. Common established places of religious worship,           7. Religious Vocation means a formal lifetime commitment,
        religious congregations; or                                  through vows, investitures, ceremonies, or similar indicia,
     F.   Comparable evidence of a bona fide religious               to a religious way of life. The religious denomination
          denomination.                                              must have a class of individuals whose lives are dedicated
                                                                     to religious practices and functions, as distinguished from
     If there is no hierarchical ecclesiastical government, an       the secular members of the religion. Examples of
     individual church may qualify as a religious denomination       vocations include nuns, monks, and religious brothers and
     by submitting a description of its internal governing           sisters.
     structure.


                                                                                         Form I-129 Instructions (Rev. 03/11/09)Y Page 12
8.   Religious Worker means an individual engaged in and,               C. The primary purpose of the spouse or children coming
     according to the denomination's standards, qualified for a            to the United States must be to join or accompany the
     religious occupation or vocation, whether or not in a                 R-1 alien.
     professional capacity, or as a minister.
                                                                   Compensation Requirements
9.   Tax Exempt Organization means an organization
     exempt from taxation under section 501(c)(3) of the           A religious worker must be salaried or non-salaried. In limited
     Internal Revenue Code of 1986, subsequent amendment,          instances, self support may qualify as compensation. The
     or equivalent sections of prior enactments of the Internal    attestation section below lists the evidence that the prospective
     Revenue Code.                                                 employer must submit regarding compensation.
     A. The organization must demonstrate tax-exempt status
                                                                   1.   Salaried means receiving traditional pay such as a
        by submitting a currently valid Internal Revenue
                                                                        paycheck.
        Service 501(c)(3) tax exemption determination letter.
                                                                   2.   Non-salaried means receiving support such as room,
     B. A determination letter may be currently valid                   board, medical care, or transportation instead of a
        regardless of whether it is issued under 501(c)(3) of           paycheck or use of personal savings.
        the Internal Revenue Code of 1986, subsequent              3.   Self-supporting means that the position the alien will hold
        amendment, or equivalent sections of prior                      is part of an established program for temporary,
        enactments of the Internal Revenue Code.                        uncompensated missionary work, which is part of a
     C. These requirements also apply to religious                      broader international program of missionary work
        organizations that are recognized as tax-exempt under           sponsored by the denomination.
        a group tax exemption.
     D. In instances where the organization is affiliated with     Attestation Requirements
        the religious denomination and was granted tax-            Form I-129 and Form I-129 Q-1 and R-1 Classification
        exempt status under section 501(c)(3) of the Internal      Supplement include an Employer Attestation that the
        Revenue Code of 1986, subsequent amendment, or             prospective employer must complete. Prospective employer
        equivalent sections of prior enactments of the Internal    means the U.S. employer that is filing the petition.
        Revenue Code as something other than a religious
        organization, additional documentation is required.        An authorized official of the prospective employer must
                                                                   complete, sign, and date the Employer Attestation. The
Admission/Change of Status and                                     authorizing official must sign the attestation, certifying under
Time Limit Requirements                                            penalty of perjury that the attestation is true and correct.

1.   If otherwise admissible, an alien may be admitted as an       A nonimmigrant religious worker may work for more than one
     R-1 alien or changed to R-1 status for an initial period of   bona fide religious organization. When the alien works for
     up to 30 months from date of initial admission. If visa-      more than one employer, each bona fide religious organization
     exempt, the alien must present original documentation of      must submit Form I-129 and R-1 Employer Attestation with
     the petition approval.                                        the appropriate documentation.
                                                                   The prospective employer must specifically attest to the
2.   The spouse and unmarried children under the age of 21 of
                                                                   following:
     an R-1 alien may be accompanying or following-to-join
     the R-1 alien, subject to the following conditions:           1. The prospective employer's status as a:
     A. R-2 status is granted for the same period of time and           A. Bona fide nonprofit organization; or
        subject to the same limits as the R-1 alien, regardless
                                                                        B. Bona fide organization that is affiliated with a
        of the time such spouse and children may have spent
                                                                           religious denomination and is exempt from taxation.
        in the United States in R-2 status;
     B. Neither the spouse nor children may accept                 2.   The number of members of the prospective employer's
        employment while in the United States in R-2 status;            organization.
        and




                                                                                          Form I-129 Instructions (Rev. 03/11/09)Y Page 13
3.   The number of employees who work at the same location          1.   A currently valid determination letter from the Internal
     where the alien will be employed and a summary of those             Revenue Service establishing status as a tax-exempt
     employees' responsibilities.                                        organization as defined in part 9 above.
4.   The number of aliens holding special immigrant religious       2.   Documentation that establishes the religious nature and
     worker status or R nonimmigrant visa status currently               purpose of the organization, such as a copy of the
     employed or employed within the past five years by the              organizing instrument of the organization that specifies
     prospective employer's organization.                                the purposes of the organization;
5.   The number of special immigrant religious worker and R         3.   Organizational literature, such as brochures, calendars,
     visa petitions and applications filed by or on behalf of any        flyers, and other literature describing the religious
     aliens for employment by the prospective employer in the            purpose and nature of the activities of the organization;
     past five years.                                                    and
6.   The title of the position offered to the alien.                4.   A completed Form I-129 Religious Denomination
7.   The beneficiary will:                                               Certification, signed and dated by an authorizing official,
                                                                         certifying under penalty of perjury that the petitioning
     A. Receive salaried or non-salaried compensation from               organization is affiliated with the religious denomination.
        the prospective employer and details of such
        compensation; or                                            Initial Evidence Related to Compensation
     B. Provide self-support.
                                                                    The prospective employer must submit verifiable evidence of
8.   A detailed description of the alien's proposed daily duties.   compensation or self-support.
9.   The offered position requires at least 20 hours of             1.   When the alien will receive salaried or non-salaried
     compensated work per week, or if fewer than 20 hours per            compensation, the prospective employer may submit past
     week, the compensated service for another religious                 evidence of compensation for similar positions; budgets
     organization and the compensated service at the                     showing monies set aside for salaries, leases, etc.; and
     petitioning organization will total 20 hours per week.              documentation that food, housing, medical care, or
10. The specific location(s) of the proposed employment.                 transportation will be provided. Internal Revenue Service
                                                                         (IRS) documentation of compensation must be submitted,
11. The alien is qualified to perform the duties of the offered          if available; however, if IRS documentation is
    position.                                                            unavailable, the prospective employer must explain why it
                                                                         is unavailable and submit comparable verifiable
12. The alien's membership of the denomination for at least
                                                                         documentation.
    two years.
13. That, if the position is not a religious vocation, the alien    2.   If the alien will be self-supporting, the petitioner must
    will not be engaged in secular employment.                           submit documentation establishing that the position the
                                                                         alien will hold is part of an established program for
14. The prospective employer's obligation to notify USCIS                temporary, uncompensated missionary work, which is
    within 14 days of any changes in the alien's employment              part of a broader international program of missionary
    including:                                                           work sponsored by the denomination.
     A. Working fewer than the required number of hours; or              An established program for temporary, uncompensated
                                                                         work is defined to be a missionary program in which:
     B. Having been released or otherwise terminated from
        employment before the end of the authorized R-1                  A. Foreign workers, whether compensated or
        stay.                                                               uncompensated, have previously participated in R-1
                                                                            status;
Initial Evidence Related to the Prospective Employer
                                                                         B. Missionary workers are traditionally uncompensated;
The prospective employer must submit the following initial
evidence relating to the prospective employer:




                                                                                           Form I-129 Instructions (Rev. 03/11/09)Y Page 14
     C. The organization provides formal training for                   C. If the alien was uncompensated but provided for his
        missionaries; and                                                  or her own support and for any dependents, the
                                                                           prospective employer must show how support was
     D. Participation in such missionary work is an
                                                                           maintained by submitting documents such as audited
        established element of religious development in that
                                                                           financial statements, financial institution records,
        denomination.
                                                                           brokerage account statements, trust documents signed
     The petitioner must submit evidence demonstrating:                    by an attorney, or other verifiable evidence
                                                                           acceptable to USCIS.
     A. That the organization has an established program for
        temporary, uncompensated missionary work;
                                                                   Initial Evidence Related to a Minister
     B. That the denomination maintains missionary
                                                                   If filing a petition on behalf of a minister, the prospective
        programs both in the United States and abroad;
                                                                   employer must submit the following additional initial
     C. The religious worker's acceptance into the missionary      evidence:
        program;                                                   1. A copy of the alien's certificate of ordination or similar
                                                                      documents reflecting acceptance of the alien's
     D. The religious duties and responsibilities associated          qualifications as a minister in the religious denomination;
        with the traditionally uncompensated missionary               and
        work; and
                                                                   2. Documents reflecting:
     E. Copies of the alien's bank records, budgets
        documenting the sources of self-support (including              A. Acceptance of the alien's qualifications as a minister
        personal or family savings, room, and board with                   in the religious denomination;
        host families in the United States, donations from the
                                                                        B. The alien's completion in any course of prescribed
        denomination's churches), or other verifiable
                                                                           theological education at an accredited theological
        evidence acceptable to USCIS.
                                                                           institution normally required or recognized by that
3.   If the alien worked in the United States during the two               religious denomination, including transcripts,
     years immediately before the petition was filed, the                  curriculum, and documentation that establishes that
     prospective employer must submit evidence of salaried or              the theological institution is accredited by the
     non-salaried compensation or self-support if the alien was            denomination.
     uncompensated.                                                3.   For denominations that do not require a prescribed
     A. If the alien received salaried compensation, the                theological education, evidence of:
        prospective employer must submit IRS                            A. The denomination's requirements for ordination to
        documentation that the alien received a salary, such               minister;
        as an IRS Form W-2 or certified copies of income tax
        returns, reflecting such work and compensation for              B. The duties allowed to be performed by virtue of
        the preceding two years.                                           ordination;

     B. If the alien received non-salaried compensation, the            C. The denomination's levels of ordination, if any; and
        prospective employer must submit, if available, IRS
                                                                        D. The alien's completion of the denomination's
        documentation of the non-salaried compensation. If
                                                                           requirements for ordination.
        IRS documentation is unavailable, the prospective
        employer must explain why and provide verifiable           Verification of Evidence
        evidence of all financial support. The evidence may
        include stipends, room, and board. The evidence may        USCIS may verify the submitted evidence through any means
        also include a description of the location where the       that USCIS determines as appropriate, up to and including an
        alien lived, a lease to establish where the alien lived,   on-site inspection. If USCIS decides to conduct a pre-approval
        or other verifiable documentation acceptable to            on-site inspection, satisfactory completion of the inspection
        USCIS.                                                     will be a condition for approval of any petition. The
                                                                   inspection may include:
                                                                   1.   A tour of the organization's facilities and, if appropriate,
                                                                        the organization's headquarters or satellite locations;



                                                                                           Form I-129 Instructions (Rev. 03/11/09)Y Page 15
2.    An interview with the organization's officials;               E-2
3.    A review of the organization's records related to             An E-2 is a national of a country with which the United
      compliance with immigration laws and regulations; or          States maintains a qualifying treaty, who is coming to the
                                                                    United States to develop and direct the operations of an
4.    A visit to the locations where the alien will work or live.
                                                                    enterprise in which he or she has invested or is actively in
                                                                    the process of investing a substantial amount of capital.
2.    Petition Only Required for an Alien
      in the United States to Change Status or                      An E-2 must demonstrate possession and control of funds and
      Extend Stay                                                   the ability to develop and direct the investment enterprise.
                                                                    Capital in the process of being invested or that has been
The following classifications listed in this Section 2 do not       invested must be placed at risk and irrevocably committed to
require a petition for new employment if the alien is outside       the enterprise. The enterprise must be a real, active, and
the United States. The alien should instead contact a U.S.          operating commercial or entrepreneurial undertaking, that
Embassy or consulate for information about a visa or                produces services or goods for profit. The investment must be
admission.                                                          substantial, and the enterprise must be more than marginal.

Use this Form I-129 when the beneficiary is physically              E-1 or E-2
present in the United States and a change of status, concurrent
employment, or an extension of stay is needed. Note,                An employee of an E-1 or an E-2 who possesses the same
however, that the beneficiary must maintain legal status in the     nationality may respectively be classified as E-1 or E-2. The
United States to remain eligible for the benefit sought.            employee must principally and primarily perform executive or
                                                                    supervisory duties or possess special qualifications that are
Change of Status: A petition for change of status to one of         essential to the successful or efficient operation of the
the classifications described in this section must be submitted     enterprise.
with the initial evidence detailed below and with the initial
evidence required by the separate instructions for all petitions
                                                                    E Petition Requirements
involving change of status.
                                                                    The petition must be filed with evidence of:
Extension of Stay: A petition for an extension of stay must
be filed with the initial evidence listed below and with the        1. Ownership and Nationality, including but not limited to
initial evidence required by the separate instructions for all         lists of investors with current status and nationality, stock
petitions for extension. However, a petition for an extension          certificates, certificate of ownership issued by the
based on unchanged, previously approved employment need                commercial section of a foreign embassy, and reports
only be filed with the initial evidence required by the separate       from a certified personal accountant;
extension of stay instructions.
                                                                    2. Substantial Trade (E-1), including but not limited to copies
E-1                                                                    of three or more of the following: bills of lading, customs
                                                                       receipts, letter of credit, trade brochures, purchase orders,
An E-1 is a national of a country with which the United                insurance papers, documenting commodities imported,
States maintains a qualifying treaty, who is coming to the             carrier inventories, and/or sales contracts;
United States to carry on substantial trade principally
between the United States and the alien's country of                3. Substantial Investment (E-2), including but not limited to
nationality.                                                           copies of partnership agreements (with a statement on
                                                                       proportionate ownership), articles of incorporation,
Qualifying trade involves the commercial exchange of goods             payments for the rental of business premises or office
or services in the international market place. Substantial trade       equipment, business licenses, stock certificates, office
is an amount of trade sufficient to ensure continuous flow of          inventories (goods and equipment purchased for the
international trade items between the United States and the            business), insurance appraisals, annual reports, net worth
treaty country. Principal trade exists when than 50 percent of         statements from certified professional accountants,
the E-1's total volume of international trade is conducted             advertising invoices, business bank accounts containing
between United States and the treaty country.                          funds for routine operations, funds held in escrow; or




                                                                                          Form I-129 Instructions (Rev. 03/11/09)Y Page 16
4.   Executive or Supervisory Duties, or Special                      Change of Status to Free Trade Nonimmigrants
     Qualifications Essential to the Enterprise (E-1 Employee
     or E-2 Employee), including but not limited to certificates,     A Free Trade Nonimmigrant is a citizen of Canada or Mexico
     diplomas or transcripts, letters from employers describing       coming to the United States as a TN or a citizen from Chile or
     job titles, duties, operators' manuals, and the required level   Singapore coming to the United States as an H-1B1 Free Trade
     of education and knowledge.                                      Nonimmigrant temporarily under the provisions of a Free
                                                                      Trade Agreement. A qualified employer may file this Form
                                                                      I-129 for a citizen of one of the above countries if that citizen
Change of Status                                                      has already been admitted to the United States in a
                                                                      nonimmigrant category eligible for change of status. Along
In addition to the initial evidence for the classification you are
                                                                      with the Form I-129 and related supplement (Nonimmigrant
requesting, a petition requesting a change of status for an alien
                                                                      classification based on a Free Trade Agreement Supplement),
in the United States must be submitted with a copy of the
                                                                      petitioners for Chile or Singapore H-1B1 nonimmigrants must
employee's(s) Form I-94, Nonimmigrant Arrival/Departure
                                                                      also file the H-1B and H-1B1 Data Collection and Filing Fee
Record.
                                                                      Exemption Supplement to ensure accurate fee and data
NOTE: Family members should use Form I-539, Application               collection.
to Change/Extend Nonimmigrant Status, to apply for a change
                                                                      NOTE: Canadian or Mexican TN nonimmigrants can be
of status.
                                                                      petitioned for by either a U.S. employer or a foreign
A nonimmigrant, who must have a passport to be admitted,              employer. However, for Chile or Singapore H-1B1
must keep that passport valid during his or her entire stay. If a     nonimmigrants, the petitioner must be a U.S. employer.
required passport is not valid, include a full explanation with
your petition.                                                        In addition to the required information noted above under
                                                                      "Change of Status," submit the following:
The following nonimmigrants are not eligible to change
status:                                                               1. A letter from the employer stating the activity to be
1. An alien admitted under a visa waiver program;                        engaged in, the anticipated length of stay, and the
                                                                         arrangements for remuneration;
2. An alien in transit (C) or in transit without a visa
   (TWOV);                                                            2. Evidence that the alien meets the educational and/or
                                                                         licensing requirements for the profession or occupation
3. A crewman (D);                                                        (including, for citizens of Chile, the post-secondary
                                                                         certificate for Agricultural Managers and Physical
4. A fiancé(e) (K-1) or his or her dependent (K-2);                      Therapists that is accepted by the U.S. Department of
                                                                         State if the citizen of Chile is receiving a nonimmigrant
5. A J-1 exchange visitor whose status was for the purpose of
                                                                         free trade visa overseas); and
   receiving graduate medical training (unless a waiver has
   been granted under section 214(l) of the Immigration and           3. For citizens of Chile and Singapore, a U.S. Department of
   Nationality Act);                                                     Labor issued certified labor condition application.
6. A J-1 exchange visitor subject to the foreign residence
   requirement who has not received a waiver of that                  Extension of Stay
   requirement; and
                                                                      Extension of Stay For All Except Free Trade
7. An M-1 student to an H classification, if training received        Nonimmigrants
   as an M-1 helped him or her qualify for H classification.          A petition requesting an extension of stay for an employee in
                                                                      the United States must be filed with a copy of the employee's
                                                                      Form I-94, Nonimmigrant Arrival/Departure Record, and a
                                                                      letter from the petitioner explaining the reasons for the
                                                                      extension. Consult the regulations relative to the specific
                                                                      nonimmigrant classification sought.




                                                                                             Form I-129 Instructions (Rev. 03/11/09)Y Page 17
NOTE: Family members should use Form I-539 to file for an             Along with the Form I-129 and related supplement
extension of stay.                                                    (Nonimmigrant classification based on a Free Trade
                                                                      Agreement Supplement), petitioners for Chile or Singapore
A nonimmigrant who must have a passport to be admitted                H-1B1 nonimmigrants must also file the H-1B Data
must keep that passport valid during his or her entire stay. If a     Collection and Filing Fee Exemptions Supplement to ensure
required passport is not valid, include a full explanation with       accurate fee and data collection.
your petition. Where there has been a change in the
circumstances of employment, submit also the evidence                 If the extension is for a Chile or Singapore H-1B1 Free Trade
required for a new petition.                                          Nonimmigrant and it is the sixth consecutive extension request
                                                                      for that person, a statement to that effect must be provided.
Where there has been no change in the circumstances of
employment, file your petition with the appropriate
supplement and with your letter describing the continuing             General Evidence
employment, and:
                                                                      Written consultation. Noted classifications require a
1. If the petition is for H-1B status, submit an approved labor
                                                                      written consultation with a recognized peer group, union, and/
   condition application for the specialty occupation valid for
                                                                      or management organization regarding the nature of the work
   the period of time requested.
                                                                      to be done and the alien's qualifications before the petition
2. If the petition is for H-2A status, submit a labor                 may be approved.
   certification valid for the dates of the extension, unless it is
                                                                      To obtain timely adjudication of a petition, you should obtain
   based on a continuation of employment authorized by the
                                                                      a written advisory opinion from an appropriate peer group,
   approval of a previous petition filed with a certification,
                                                                      union and/or management organization and submit it with the
   and the extension will last no longer than the two weeks.
                                                                      petition.
3. If the petition is for H-2B status, submit a labor
   certification valid for the dates of the extension.                If you file a petition without the advisory opinion, you should
                                                                      send a copy of the petition and all supporting documents to the
                                                                      appropriate organization when you file the petition with
Extension of Free Trade Stay                                          USCIS, and name that organization in the petition.
NOTE: Canadian or Mexican TN nonimmigrants can be
                                                                      Explain to the organization that USCIS will contact them for
petitioned for by either a U.S. employer or a foreign
                                                                      an advisory opinion. If an accepted organization does not
employer. However, for Chile or Singapore H-1B1
                                                                      issue an advisory opinion within a given time period, a
nonimmigrants, the petitioner must be a U.S. employer.
                                                                      decision will be made based upon the evidence of record.
An employer requesting an extension of stay for an alien with
a nonimmigrant classification based on a Free Trade                   If you do not know the name of an appropriate organization
Agreement should follow the above instructions. Submit with           with which to consult, indicate it on the petition. However, be
your extension request:                                               advised that a petition filed without the actual advisory
                                                                      opinion will require substantially longer processing time.
1.   A letter describing the continuing employment;
2.   The newly requested length of stay;
                                                                      Translations. Any foreign language document must be
                                                                      accompanied by a full English translation that the translator
3.   Continued valid licensing if required by the profession          has certified as complete and correct, and by the translator's
     and/or the State; and                                            certification that he or she is competent to translate the foreign
                                                                      language into English.
4.   In the case of a Chile or Singapore H-1B1 Free Trade
     Nonimmigrant, a currently valid labor condition                  Copies. Unless specifically required that an original
     attestation.                                                     document be filed with an application or petition, an ordinary
                                                                      legible photocopy (standard 8 1/2 x 11 letter size) may be
                                                                      submitted. Original documents submitted when not required
                                                                      will remain a part of the record.




                                                                                             Form I-129 Instructions (Rev. 03/11/09)Y Page 18
Liability for Return Transportation                               Premium Processing
                                                                  If you are requesting Premium Processing Services on Form
The Immigration and Nationality Act makes a petitioner liable
                                                                  I-129, Petition for Nonimmigrant Worker, you must also file
for the reasonable cost of return transportation for an H-1B,
                                                                  Form I-907, Request for Premium Processing services. Before
H-2B, O, and P alien who is dismissed before the end of the
                                                                  you file the I-129/I-907 package, check Premium Processing
authorized employment.
                                                                  at www.uscis.gov website to ensure the requested
                                                                  classification is Premium eligible.
When to File?                                                     Regular Processing
Generally, a Form I-129 petition may not be filed more than       Except for the classifications listed below, Form I-129 is filed
six months prior to the date employment is scheduled to           either at the California Service Center or Vermont Service
begin. Petitioners should review the appropriate regulatory       Center, depending on the location of the temporary
provisions in 8 CFR which relate to the nonimmigrant              employment. Prior to submitting your form(s), note the
classification sought.                                            different addresses.

File the petition as soon as possible before the proposed         Exceptions: All Form I-129s filed for H-2A or R-1
employment begins or before an extension of stay will be          classification must be filed at the California Service Center.
required. If the petition is not submitted at least 45 days       Additionally, H-1B employers filing petitions which are cap
before the employment begins, petition processing and             exempt must file at the California Service Center. All Form
subsequent visa issuance may not be completed before the          I-129s filed for E-3, H-1C, TN, or Free Trade Chile/Singapore
alien's services are required or previous employment              H-1B1 classification must be filed at the Vermont Service
authorization ends.                                               Center. Form I-129s filed by major league sports must be sent
                                                                  to the Vermont Service Center, regardless of the place of
                                                                  temporary employment.
Where to File?                                                    Failure to follow these instructions may result in your
                                                                  petition being rejected, delayed, or denied.
Updated filing Address Information
                                                                  California Service Center Filings
The filing addresses provided on this form reflect the most
current information as of the date this form was last printed.    File Form I-129 with the California Service Center if the
                                                                  beneficiary is or will be employed temporarily or receiving
If you are filing Form I-129 more than 30 days after the latest   training in:
edition date shown in the lower right-hand corner, visit us
online at www.uscis.gov before you file, and check the Forms      Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho,
and Fees page to confirm the correct filing address and           Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
version currently in use. Check the edition date located in the   Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio,
lower right-hand corner of the form. If the edition date on       Oregon, South Dakota, Utah, Washington, Wisconsin, or
your Form I-129 matches the edition date listed for Form          Wyoming.
I-129 on the online Forms and Fees page, your version is          H-1B Extensions:
current and will be accepted by USCIS. If the edition date on
the online version is later, download a copy and use the online       USCIS
version. If you do not have Internet access, call Customer            California Service Center
Service at 1-800-375-5283 to verify the current filing address        ATTN: H-1B Extensions
and edition date. Improperly filed forms will be rejected,            P.O. Box 10129
and the fee returned, with instructions to resubmit the               Laguna Niguel, CA 92607-1012
entire filing using the current form instructions.
                                                                  H-2A Regular Mail Address:
                                                                      USCIS
                                                                      California Service Center
                                                                      ATTN: H-2A Processing Unit
                                                                      P.O. Box 10140
                                                                      Laguna Niguel, CA 92607-1040


                                                                                         Form I-129 Instructions (Rev. 03/11/09)Y Page 19
H-2A Courier Mail Address:                                      Vermont Service Center Filings
    USCIS                                                       File Form I-129 with the Vermont Service Center if the
    California Service Center                                   beneficiary is or will be employed temporarily or receiving
    ATTN: H-2A Processing Unit                                  training in:
    24000 Avila Road, Room 2312
    Laguna Niguel, CA 92677                                     Alabama, Arkansas, Connecticut, Delaware, the District of
                                                                Columbia, Florida, Georgia, Kentucky, Louisiana, Maine,
All other I-129 Cases:                                          Maryland, Massachusetts, Mississippi, New Hampshire, New
                                                                Jersey, New Mexico, New York, North Carolina, Oklahoma,
    USCIS                                                       Pennsylvania, Puerto Rico, Rhode Island, South Carolina,
    California Service Center                                   Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or
    ATTN: I-129                                                 West Virginia.
    P.O. Box 10129
    Laguna Niguel, CA 92607-1012                                Mail your package to:
                                                                For Regular Processing
Courier Address for All I-129s:
                                                                H-1B Cap Cases:
    USCIS
    California Service Center                                       USCIS
    24000 Avila Road                                                Vermont Service Center
                                                                    ATTN: H-1B Cap
    2nd Floor, Room 2312
                                                                    1A Lemnah Drive
    Laguna Niguel, CA 92677
                                                                    St. Albans, VT 05479-0001
    (Please note the type of I-129 in the attention line)
                                                                H-1B U.S. Masters Cap Cases:
Premium Processing:
                                                                    USCIS
If the classification requested on Form I-129 is eligible for       Vermont Service Center
Premium Processing and you wish to request Premium                  ATTN: H-1B U.S. Masters Cap
Processing services, use the designated Premium Processing          1A Lemnah Drive
address for the California Service Center, as indicated.            St. Albans, VT 05479-0001

Form I-907/I-129 Regular Mailing Address:                       All other I-129 Cases:
    Premium Processing Service                                      USCIS
    USCIS                                                           Vermont Service Center
    California Service Center                                       ATTN: I-129
    P.O. Box 10825                                                  75 Lower Welden Street
    Laguna Niguel, CA 92607                                         St. Albans, VT 05479-0001
    (Please note the type of I-129 in the attention line)
                                                                Premium Processing
Form I-907/I-129 Courier Mail Address:
                                                                If the classification requested on Form I-129 is eligible for
    Premium Processing Service                                  Premium Processing and you wish to request Premium
    USCIS                                                       Processing services, please use the designated Premium
    California Service Center                                   Processing address for the Vermont Service Center, as
    24000 Avila Road                                            indicated below (for either mail or courier):
    2nd Floor, Room 2312
    Laguna Niguel, CA 92677                                     Form I-907/I-129 Mailing Address and Courier Address
    (Please note the type of I-129 in the attention line)       H-1B Cap Cases:
Form I-907/I-129 E-Mail Address:
                                                                    Premium Processing Service
CSC-Premium.Processing@dhs.gov                                      USCIS
                                                                    Vermont Service Center
                                                                    ATTN: H-1B Cap
                                                                    30 Houghton Street
                                                                    St. Albans, VT 05478-2399

                                                                                        Form I-129 Instructions (Rev. 03/11/09)Y Page 20
H-1B U.S. Master Cap Cases:                                         6.   Trade NAFTA (TN) for Nationals of Mexico and
     Premium Processing Service                                          Canada:
     USCIS                                                               A. TN Extension or Change of Status for Nationals of
     Vermont Service Center                                                 Canada or Mexico already in the United States: Mail
     ATTN: H-1B U.S. Masters Cap                                            Form I-129 package to the Vermont Service Center,
     30 Houghton Street                                                     regardless of where the TN Canadian or Mexican
     St. Albans, VT 05478-2399                                              national will be employed.

All other I-129 Cases:                                                   B. Initial TN Classification for Nationals of Mexico:
     Premium Processing Service                                             DO NOT use Form I-129 to apply for initial TN
     USCIS                                                                  classification for a national of Mexico. To obtain
     Vermont Service Center                                                 more information on the application process, visit
     ATTN: I-129                                                            the U.S. Department of State's TN Visa website.
     30 Houghton Street
     St. Albans, VT 05478-2399                                           C. Initial TN Classification for Nationals of Canada:
                                                                            DO NOT use Form I-129 to apply for initial TN
Form I-907/I-129 E-Mail Address:                                            classification for a national of Canada. Please see
VSC-Premium.Processing @dhs.gov.                                            8 CFR 214.6 for information on applying at a U.S.
                                                                            port of entry.
Exceptions                                                          7. H-1B1 Singapore/Chile Free Trade:
1.   Form I-129 Filed for Temporary Employment or Training               A. Initial H-1B1 Classification under the Singapore/
     in More Than One Location: When the temporary                          Chile Free Trade Agreement for Beneficiaries
     employment or training will be in different locations, the             Outside the United States: DO NOT use Form
     State where your company or organization is located will               I-129 to apply for initial H-1B1 classification. To
     determine the Service Center to which you should send                  obtain more information on the H-1B1 application
     the Form I-129 package. For example, the beneficiary                   process, please visit the U.S. Department of State's
     will work in Arizona and Texas and your company is                     website.
     located in New York, file Form I-129 with the Vermont
     Service Center.                                                     B. Change of Status to H-1B1 and Extension of
                                                                            H-1B1 Stay: Mail the Form I-129 package to the
2.   H-1C Classification for Nurses: Mail the I-129 package to              Vermont Service Center, regardless of where the
     the Vermont Service Center, regardless of where the                    H-1B1 beneficiary will be employed.
     temporary H-1C nurse will be employed.
                                                                    8.   E-3 Australian Free Trade:
3. H-2A Classification for Temporary Agricultural
                                                                         A. Change of Status to E-3 and E-3 Extension:
   Workers: Mail the I-129 package to the designated
                                                                            Mail the Form I-129 package to the Vermont Service
   address at the California Service Center.
                                                                            Center, regardless of where the E-3 beneficiary will
4.   R Classification for Temporary Religious                               be employed.
     Workers:
                                                                         B. Initial E-3 Classification for Beneficiaries
5.   Major League Sports: This covers major league                          Outside the United States: DO NOT use Form I-129
     athletes, minor league sports, and any affiliates associated           to apply for initial E-3 classification if the
     with the major leagues in baseball, hockey, soccer,                    beneficiary is outside the United States. To obtain
     basketball, and football. Support personnel includes:                  more information on the E-3 application process,
     coaches, trainers, broadcasters, referees, linesmen,                   please visit the U.S. Department of State's website.
     umpires, and interpreters. Mail the I-129 package to the
     Vermont Service Center, regardless of the place of
     temporary employment.




                                                                                          Form I-129 Instructions (Rev. 03/11/09)Y Page 21
Note on E-Filing                                                    1. If you live in Guam, make your check or money order
                                                                       payable to the "Treasurer, Guam."
If you are e-filing this application, it will automatically be
routed to the appropriate Service Center, and you will receive      2. If you live in the U.S. Virgin Islands, make your check or
a receipt indicating the location to which it was routed. This         money order payable to the "Commissioner of Finance of
location may not necessarily be the same center shown in the           the Virgin Islands."
filing addresses listed above. For e-filed applications, it is
very important to review your filing receipt and make specific      When preparing the check or money order, spell out
note of the receiving location. All further communication,          Department of Homeland Security. Do not use the initials
including submission of supporting documents, should be             "DHS" or "USDHS."
directed to the receiving location indicated on your e-filing
receipt.                                                            Checks are accepted, subject to collection. An uncollected
                                                                    check will render the petition and any document issued
                                                                    invalid. A charge of $30 will be imposed if a check in payment
What Is the Filing Fee?                                             of a fee is not honored by the bank on which it is drawn.

The base filing fee for this petition is $320.                      How to check if the fee is correct. The fee on this form is
                                                                    current as of the publication date appearing in the lower right
A U.S. employer filing Form I-129 for an H-1B nonimmigrant          corner of this page. However, because USCIS fees change
or for a Chile or Singapore H-1B1 Free Trade Nonimmigrant           periodically, you can verify if the fee is correct by following
must submit the $320 petition filing fee and, unless exempt         one of the steps below.
under Part B of the H-1B Data Collection and Filing Fee
Exemption Supplement, an additional fee of either $1,500 or         1. Visit our website at www.uscis.gov, scroll down to
$750.                                                                  "Immigration Forms," and check the appropriate fee, or
                                                                    2. Review the Fee Schedule included in your form package,
A U.S. employer with a total of 25 or fewer full-time
                                                                       if you called us to request the form, or
equivalent employees in the United States (including any
affiliate or subsidiary of the employer) is only obligated to pay   3. Telephone our National Customer Service Center at
the $750 fee.                                                          1-800-375-5283 and ask for the fee information.

A U.S. employer filing a Form I-129 who is required to pay          Note: If your petition requires payment of a biometric service
the additional fee may make the payment in the form of a            fee for USCIS to take your fingerprints, photograph or
single check or money order for the total amount due or as          signature, you can use the same procedure to obtain the
two checks or money orders, one for the additional fee and          correct biometric fee.
one for the petition fee.

NOTE: H-1B and L-1 petitioners required to pay the $500             Processing Information
Fraud Prevention and Detection Fee mandated by the H-1B
Visa Reform Act of 2004 must submit a check or money order          Any petition that is not signed or accompanied by the
separate from the additional fee and petition fee. Petitioners      correct fee will be rejected with a notice that the petition is
for Chile or Singapore H-1B1 Free Trade Nonnimmigrants do           deficient. You may correct the deficiency and resubmit the
not have to pay this fee.                                           petition. A petition is not considered properly filed until
                                                                    accepted by USCIS.
NOTE: Employers filing H-2B petitions for employment to
commence on or after October 1, 2005, must submit an                Initial processing. Once a petition has been accepted, it will
additional fee of $150. The Save Our Small and Seasonal             be checked for completeness, including submission of the
Businesses Act of 2005 authorized this $150 Fraud Prevention        required initial evidence. If you do not completely fill out the
and Detection Fee.                                                  form, or file it without required initial evidence, you will not
                                                                    establish a basis for eligibility and we may deny your petition.
The fee must be submitted in the exact amount. It cannot be
refunded. Do not mail cash. All checks and money orders
must be drawn on a bank or other institution located in the
United States and must be payable in U.S. currency. The
check or money order must be made payable to the
Department of Homeland Security, except that:


                                                                                          Form I-129 Instructions (Rev. 03/11/09)Y Page 22
Requests for more information or interview. We may
request more information or evidence, or we may request that    USCIS Information and Forms
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copy. We will      To order USCIS forms, call our to toll-free forms line at
return these originals when they are no longer required.        1-800-870-3676. You can also get USCIS forms and
                                                                information on immigration laws, regulations and procedures
Decision. The decision on a petition involves separate          by telephoning our National Customer Service Center at
determinations of whether you have established that the alien   1-800-375-5283 or visiting our Internet website at
is eligible for the requested classification based on the       www.uscis.gov.
proposed employment, and whether he or she is eligible for
any requested change of status or extension of stay. USCIS      As an alternative to waiting in line for assistance at your local
will notify you of the decision in writing.                     USCIS office, you can now schedule an appointment through
                                                                our Internet-based system, InfoPass. To access the system,
                                                                visit our website at www.uscis.gov. Use the InfoPass
                                                                appointment scheduler and follow the screen prompts to set
Penalties
                                                                up your appointment. InfoPass generates an electronic
                                                                appointment notice that appears on the screen.
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this petition, we will
deny the petition and may deny any other immigration benefit.
                                                                Paperwork Reduction Act
In addition, you will face severe penalties provided by law
and may be subject to criminal prosecution.                     An agency may not conduct or sponsor an information
                                                                collection and a person is not required to respond to a
                                                                collection of information unless it displays a currently valid
Privacy Act Notice                                              OMB control number. The public reporting burden for this
                                                                collection of information is estimated at 2 hours and 45
We ask for the information on this form and associated          minutes per response (3 hours per response for Religious
evidence to determine if you have established eligibility for   Workers), including the time for reviewing instructions and
the immigration benefit you are seeking. Our legal right to     completing and submitting the form. Send comments
ask for this information is in 8 U.S.C. 1154, 1184 and 1258.    regarding this burden estimate or any other aspect of this
We may provide this information to other government             collection of information, including suggestions for reducing
agencies. Failure to provide this information and any           this burden, to: U.S. Citizenship and Immigration Services,
requested evidence may delay a final decision or result in      Regulatory Management Division, 111 Massachusetts
denial of your petition.                                        Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC
                                                                20529-2210, OMB No. 1615-0009. Do not mail your
                                                                application to this address.




                                                                                       Form I-129 Instructions (Rev. 03/11/09)Y Page 23

								
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